The Uncharted Territory Of 'Reverse' Preemption

Law360, New York (March 8, 2012, 1:23 PM EST) -- Since at least the time of the early constitutional landmark McCulloch v. Maryland[1], which rejected the arguments that states “alone are truly sovereign” and federal powers “must be exercised in subordination to the states”[2], students of American law have been indoctrinated to think of federalism as primarily a one-way street: If the U.S. Congress passes a law within its constitutional authority, then that law should be regarded as supreme — regardless of any state law to the contrary.

In matters relating to insurance, however, Congress has...
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